Australian Judge Finds Muslim “Cultural Differences” Valid Excuse for Rape

Daniel Greenfield, a Shillman Journalism Fellow at the Freedom Center, is a New York writer focusing on radical Islam. He is completing a book on the international challenges America faces in the 21st century.


Bit by bit, Western nations are adopting Muslim legal standards on blasphemy and on the treatment of women.

The excuses are manifold. Racism, cultural differences, Islamophobia, relativism… but it all ends the same way, with Western writers, artists and thinkers being censored and Western women being subject to Taliban treatment.

This is how it began.

An Afghan refugee would drive from his home in Tullamarine to nightclubs in Frankston late at night searching for drunk, vulnerable young woman to prey on, a court was told today.

He would pick them up in his white 1988 Honda Civic and rape them.

The victim was sitting on the footpath behind the 21st Century Dance Club when Esmatullah Sharifi approached her and offered to give her a lift to the Bay Hotel.

She accepted but became anxious and confused when they had been driving for an hour and she saw a road sign saying Sorrento.

Sharifi then pulled over into a dark side street and raped her in the front passenger seat.

“She began to scream and cry out for help,” Ms Dalziel said.

“The accused put his left hand over her mouth and his right hand around her neck, restricting her breathing. He said to her, ‘I’ll take you home after it, I’ll give you back your phone as well’.

In the rapist’s defense, his lawyer argued that he wasn’t at all clear about this whole “Women are human beings” thing.

Mr Regan said Esmatullah Sharifi was uneducated, illiterate, inexperienced in forming relationships with women, and was confused about the nature of consent. He is in Australia on a permanent protected visa.

The judge didn’t buy it then, but the usual lefty approach is to just keep appealing until you find a bleeding heart judge who accepts the horrible notion being put forward. And that didn’t take very long.

Granting leave to appeal, Court of Appeal Justice Robert Redlich said: “The sentencing judge rejected any suggestion (Esmatullah Sharifi) didn’t have a clear concept of consent in sexual relations.”

In April last year, a psychologist told the County Court that Sharifi had “an unclear concept of what constitutes consent in sexual relationships” in Australia.

“It proves, in my view, an adequate basis for most grounds of appeal that (Sharifi) wishes to pursue,” the judge said.

We’re not just dealing with ignorance of the law. We have Western judges setting out the notion that if a Muslim settler in Europe, America or Australia does not understand the concept that women can refuse sexual contact, that this is a mitigating circumstance.

Ms Dalziel said Esmatullah Sharifi claimed he did not have a great understanding of sexual mores in Australia but Judge Mark Dean disagreed.

“These are acts of violence,” the judge said. “Serious acts of violence against women, nothing to do with sexual mores. They’re brutal acts of violence.”

But they do. In Muslim sexual mores, serious acts of violence being committed against women are not a problem because the women do not belong to themselves. They belong to their family.

Islam does not recognize the same concept of individual rights as civilized jurisprudence does. Furthermore Muslims from tribal societies like Afghanistan bring those same tribal attitudes along.

As Australian columnist Andrew Bolt says, quite rightly,

If Afghan men have a culture which leaves them more likely to rape, and our courts have a culture of being more lenient as a consequence, I suggest Australian women have an interest in stopping the boats until we get this sorted out:

And that doesn’t just go only for Australia. Stop the boats. Stop the planes. Stop the trains.

The left cannot have it both ways.

Either Esmatullah Sharifi is responsible for his own actions. Or he isn’t. Either rape is cultural or it’s individual. Either Esmatullah Sharifi should be hit with the full force of the law or the Afghan culture of rape represents a threat to non-Muslim countries.

They can only pick one.

  • RonL

    Where are the feminists?! Rape is justified if a Muslim doesn't understand Western norms?

    In order to prevent future misunderstandings, I suggest that the rapist and judge are hanged and that their preserved corpses are carted all over the country to teach people what happens to rapists and rapist enablers. And then send the corpse of the Afghan refugee to Afghanistan in a pig leather. The outrage that will cause in Afghanistan and the OIC will ensure that no one ever thinks that rape is culturally acceptable.

    • objectivefactsmatter

      "In order to prevent future misunderstandings, I suggest that the rapist and judge are hanged and that their preserved corpses are carted all over the country to teach people what happens to rapists and rapist enablers. And then send the corpse of the Afghan refugee to Afghanistan in a pig leather. The outrage that will cause in Afghanistan and the OIC will ensure that no one ever thinks that rape is culturally acceptable."

      This is indeed clear proof that many lessons need to be learned urgently.

      • Lili

        First lesson: sarcasm

        • max

          second lesson: irony, cynicism and sarcasm are deadly because they create apathy. if you are apathetic why will you try and improve your opinion, take in new information? you will be frozen in time, fossilized along with your beliefs.

    • sd42jnq

      It's stunning to me how the Feminists invariably ignore what groups do that harm women like Democrats, muslims, etc.

      The entire Democrat "outreach" to women was that 1. You can kill your kids if you vote for us, and 2. We will happily bribe you for your votes with programs, grants, loans, special privilege at men's expense, and passes from obeying certain laws.

      The feminists seem happy with the idea that they can be bribed.

      • Evolved One

        And you know are blowing the same old anti-feminist rhetoric out of your arse.

      • Lili

        Your statement here is horrible. I consider myself a feminist, and I do not condone this at all. I don't know how on Earth you're bringing this back to feminism at all. It's a horrible crime committed against someone where a legal loophole was attempted to be exploited. What do you mean by "invariably ignore"? Who are you talking about?
        I'm sorry, but I really don't know how you're somehow blaming feminists for this crime.

        • Dave

          He is faulting the feminists, who normally would instantly publicly decry the smallest infraction such as a stupid statement from a Republican politician or Christian pastor, but remain silent due to political correctness and/or fear of Muslim retaliation. The feminists should be publicly all over this worldwide or eventually see this coming to a town or city near you.

    • Dave

      An Illiterate Fugitive from Afghanistan…how the hell did he get his license to drive his car in Australia? This is yet another bizarre outcome of an already politically disturbed country.
      Why not put a neon sign up saying,"welcome to Australia, bring all your archaic and illegal practices and we will assist you in finding a legal loophole to continue doing them."
      There is no excuse for rape!
      Next they will find an excuse for pedophilia. This country has gone to the dogs.

      • thatsitivehadenough

        As happens to most countries where the left has so much input and influence on the culture, norms, and laws. Expect more, as the education systems are full of these leftists, and more and more parents are already part of the indoctrinated. Unable to think clearly about what actually constitutes 'best.'

        • Evolved One

          Obviously, by virtue of your highly unoriginal and fragmented presentation it is you who seems to be unable to think clearly.

        • max

          oh seriously, do take it easy my old chum. what even is the left? there is no conglomerate left, and most people who could legitimately be classified as "left" on the political spectrum will refute ties with the popular conception of "leftism".
          and also, read a book before you blurt your ineducated opinion out to the masses

      • SickoftheBullshit

        They do excuse pedophilia …no surprise there!!

        • bfcpizon

          only if it involves a little girl…!!

          • It's about time

            True up to a point – have you seen "the dancing boys" http://www.pbs.org/wgbh/pages/frontline/dancingbo… … that's OK as well. The prophet (my uncaps) was betrothed to a 6 year old. Thoughtfully, he didn't jump her bones until she was 9, but muslims all over islamoland see it as quite OK to jump very young children, then claim "the prophet made me do it".

            The moderates say "woe is us – that's just the uneducated fanatics" but here in oz, we have more of those than we need.

            How about trying a new path – see how they go if a few hundred of their women and girls get raped…

            as for the appeals judge – that just leaves me a bit breathless.

          • diane nolan

            Don't rape the girls rape the men. Let them know what shame is.The judgers are too removed from real life.

    • Jill

      Not that this is acceptable, but many Australians and other non Muslims find it accpetable to get women drunk and then rape them. A chsrming addition in the form of Rohypnol is also used. It's got to the stage that in Australia women have to guard their drink glasses for fear of someone spiking them.

      • Jill

        And by they way – Steubenville, anyone??

      • Michael

        Jill,

        While what you say is true, if a non-Muslim Australian did that, he would get "hit with the full force of the law". And all the feminist groups would be calling for his head, as well.

        • up yours

          Oh please…..why is it rightist males feel this need to decide what women will say or not?

      • bfcpizon

        difference is in a court of law the spiker would be convicted by any rational court.

        • max

          sharifi did get convicted. he got fourteen years.

      • Julia

        It's not whether or not Muslims or Aussies find it acceptable. It's that the legal system should not! And should never under any circumstances allow an excuse such as 'I thought it was pay'. Ignorance of the law is not an excuse.

        • max

          it isn't, and the law did not excuse mr. sharifi.

    • JimB

      Totally agree RonL. He would not have lived to trial if that had been my wife or daughter no matter WHAT excuse he used. "NO" ends the discussion and the debate. After that, it's RAPE.

    • george J

      what a brilliant idea, stick both in to one bag and beat them up before hanging, bastards

    • dgr

      Feminists and leftists are united in their hate for Christian values

      • Hugh Jass

        And what do so-called christian values have to do with this story? Oh, wait….you mean the christian values that place women beneath men in terms of importance? yeah, right….whatever.

      • Hegar

        The bible says a woman must marry her rapist. Why would a woman from todays world agree to that? Humanist values are more important than ancient Christian values and also more important than muslim values. Feminism is about equality and all that feminists hate is for women being second class humanbeings.

      • It's about time

        However did you get that in there? Where is the Xtian value being discussed.

    • tonykeywest

      this is bull$hit. they know very well that in Australia rape is a crime. and even if they didn't , ignorance of the law is not an excuse. Rapists should be given the death penalty. period.

      • max

        no they shouldn't, that is a foolish, knee-jerk reaction. people who rape do it because they think it is okay. they need to be rehabilitated.

      • diane

        I agree.

    • Kathryn

      rapist enabelers lose elections like what happened to the conservatives last November for all their pro-rape statements.

    • Patriot Twin

      "I suggest that the rapist and judge are hanged and that their preserved corpses are carted all over the country to teach people what happens to rapists and rapist enablers."

      Excellent idea! THAT is a visual aid even Muslim men will understand.

    • doreen brett

      hahaha thats the sort of things they would do and expect the westerner to bow down.

  • Jason

    This guy is illiterate,uneducated and doesn't know that women are human beings. Well then,welcome to Australia!!! Another productive member of society brought to you from the religion of peace!!

    • Lonely_Learner

      well sir you will only blame the religion of peace because know it. its the fault of this guy and according to islam whether he is illiterate or whatever the punishment of such and act is near DEATH. beacuase the punishment is so harsh that there is only a 5% chance that the victim will survive and its also one of the biggest sin. oh and if the guy is in your country then its not the fault of Islam or Afghanistan. may i remind you what west did to afghanistan. it was a great country but now…………………. there is no Islam left there so before blaming someone please analyze the situation fully.

      • Julia

        Umm Islam condones and encourages the raping of 'infidels.' You need to read your Quran.

        • Omar rao

          Ms/Mrs. Julia With Due Respect Islam Never Allowed Or Permitted Raping Of 'Infidels'. Pls Stop Misguiding, Misquoting Qur'an For Your Own Hatred And For Manoeuvring Voilence. I Humbly Suggest To You To Pls Read Qur'an And Hadith With Reference & In Full Context Before Being An Ignorant And Spreading It To Others In Society!
          Individual Acts Of Any Crime One Should Not Be Attached To The Religion In Anyway, These Kinda Acts Of Brutality Can't Be Accepted & Tolerated In Any Society In Any Form, Religiously, Socially, Morally! Hope You Got My Point, Thanks.

          • So there

            Ok, taking that on board … why, if the q'uran doesn't enable almost any vile act, right down to the punishments meted out to the wrongdoers (decapitation, stoning etc – each of which puts the muslim beneath the foot of those who try to limit the pain inherent in capital punishment), do these revolting excuses for "men" say they were moved by the prophet? Are they all liars? Misguided in some way? How would Australias immigrant muslims react, if a bunch of westies from St Mary's went out on a Saturday, drove past the mosque and see 5 girls leaving the mosque after prayers, who they drag into the car and take out past Mt Druitt, and rape them for a couple of days then drop them back at the mosque?

            My view based on my reading is that the "men" would go out and seek 50 white Australian girls as payback. Or have I missed something? You people don't understand the rule of law, and that makes all of you fairly seriously backward.

          • Omar rao

            My Dear, You really need to read not just my previous message but also what was suggested to you to further study, rather one sided ignorant suspicious with fear allegations on Islam. Remember Allah/God opens millions of flowers without forcing the buds, reminding us not to force anything AGAINST, So, you dont actually have knowledge of Islam, Gain It Pls! As you will start learning Quran & Hadith, I'm here to help you anything you dont understand, but throwing stones on others religion is not a fair act! Again Saying We Muslims Even Dont Represent Islam in its true spirit by our individual actions, Individual acts has nothing to do with Islam. False Information, Misguided Interpretations, Lies For sure lead you nowhere, get your directions pls! your perplexing approach about Islam and ground less allegated questions totally baseless! Study Dear, thanks.

        • Whatever

          Or perhaps not…..

    • Angel

      Dont do that. Dont bleed ignorance. Thanks.

  • objectivefactsmatter

    "We’re not just dealing with ignorance of the law. We have Western judges setting out the notion that if a Muslim settler in Europe, America or Australia does not understand the concept that women can refuse sexual contact, that this is a mitigating circumstance."

    It sounds like we really do need to quarantine them until they can pass tests. If that's how the left wants to protect people, as distinct classes, they leave us little choice.

    • Drakken

      I am afraid the choice is clear, either deal with these savages in a more expedient manner or don't allow them into the west period.

      • objectivefactsmatter

        "I am afraid the choice is clear, either deal with these savages in a more expedient manner or don't allow them into the west period."

        It's not "bigotry" or "racism" either. They're forcing us to deal harshly because it's clear that's all they will respond to.

        • http://www.youtube.com/watch?v=nLNn2YflwNs Roger

          I'm sure we're not dealing more harshly with them then they are with our women.

          • I.P. Daley

            Your women? Wow…..go find a cave.

          • http://www.youtube.com/watch?v=nLNn2YflwNs Roger

            Don't you feel protective about the women in your circle of friends?
            If not, then you're the one that needs a cave.

          • diane

            At last a man who gets it. Thanks. Women and men want to be loved and not be treated as objects.

        • Drakken

          Sooner rather than later a backlash will come to pass because the progressives have made it enevitable.

    • tonykeywest

      Give the creep the death peanlty and the word will get out to the rest of them.

      • http://www.youtube.com/watch?v=nLNn2YflwNs Roger

        While he waits trial they ought to feed him all the pork he can keep down. And nothing else.

    • max

      my brother, you are just wrong. in this mans case we need justice but with the majority of other refugees we need compassion, mercy and understanding.

      • diane

        Well why don't you give lessons to them on Australian law.

        • http://www.youtube.com/watch?v=nLNn2YflwNs Roger

          And bring his wife along while he does it.

    • mgsulli

      If that imbecile believe that logic, then he just opened the door to Sharia and honor killings. I hope he does not mind the beheddings too much.

      • mgsulli

        beheadings

  • objectivefactsmatter

    This case is proof that we need a global guarantee that all non-criminals can carry firearms to protect oneself from "confused" people.

    • Belinda

      Thank you for stating the obvious …they'll understand really fast and well when women shoot their balls to make them better understand the word NO

      • pagegl

        Belinda, while I appreciate the imagery of the rapist having his junk blown off, I would suggest that trying to hit a small target in an urgent situation might not be the way to go. Just go for the body shot, preferably with a large caliber hand gun loaded with hollow-points.

    • NOPE

      gun statistically do more harm than help. NOPE.

      • http://www.youtube.com/watch?v=nLNn2YflwNs Roger

        Only when they're only held by criminals.

        We need to let the good guys have more guns than the bad guys and that will change.

        • mxx

          … stop thinking in binaries, they aren't helpful.

          • http://www.youtube.com/watch?v=nLNn2YflwNs Roger

            Thinking in shades of sharia, you know where that will get you?

            There was another rape in another country, and guess how that ended up?
            http://www.aljazeera.com/news/africa/2008/11/2008

            Notice it's al jazeera and mentions she 'claims' she was raped. This woman in Australia, are you going to say she was only 'claimed' to be raped too?

    • judy

      If i travel overseas i am under the law of whatever country i am in at the the time and if i break their law ignorance is no excuse.When in australia you live under our law and the fact that you think we are second class to you and that you can get away with anything is wrong.Judges who start sympathising with any men who prey on women as this man clearly has more than once should be disbarred. They do not deserve to be in the position if they allow us to be treated in this barbaric way.Send him back where he came from we dont want people like him here.

    • doreen brett

      We need to make up a list of stuff they have to abide to, and send them paking if they dont. and if they dont like other religions being in same school as there kids, dont like us having our flag at the schools ect ect well dont come here.

  • Toni_Pereira

    The irony is that those compassionate chumps on the left don't understand that they dehumanize individuals. For them, folks like Sharifi are not full human beings with free will, but creatures with the mores of a chimpanzee that we have to put up with all their mischiefs.(Peter Singer must be rubbing his hands with glee…)

    • Tim

      Toni, the difference is, Chimpanzees are mostly contained in a cage. We are not required to be subject to their random behavior. If one was on the loose and attacking humans, it would be shot, not tollerated!

    • mxx

      … no. you are the one who is othering them, you are the one who is forcing them away. force meets force, equal and opposite. when you criticize and hate, with no basis in fact other than the mere instance of one existence, you show that you are incapable of behaving logically.

      • http://www.youtube.com/watch?v=nLNn2YflwNs Roger

        Why do you think pushing away 8th century savages is a bad thing?

        This woman who was raped isn't an isolated incident. Google rape in europe and learn.

        • doreen brett

          Its happening in england every place they live. i have read about it.

    • doreen brett

      well said

  • john

    I have 3 sisters , take a guess where this guy would end up regardless of what the courts do – Hope australian men are men , there's still a lot of us in the U.S.A

    • Walter

      Right on!!! Fry the rapist, the psychologist, the defense lawyer, and the judge… This is madness and I can't believe anyone could accept this, least of all the Australians, who are fairly conservative to begin with and in letting certain foreigners immigrate there… We know how to take care of our own in the U.S.A., regardless of what it takes (even if we have to resort to using one of the 300 million guns we have available to our 300 million people)… Different cultures cannot justify violence… Immigrants need to find out what the local laws are and then follow them or else….. Too damn convenient to plead ignorance and then have some leftist idiot lawyer and leftist idiot judge try to prove who knows what insane point… Screw them all…

  • Mary Sue

    He's a brown person, he therefore is free to rape whomever he wants! No I'm serious, that's what the Identity Politics crowd thinks. After all, only if a white conservative man rapes a woman is it "rape-rape"!

    • Jill

      No – judges have quite happily mitigated excuses for rape in many contexts.
      Several years ago a drunk (nonMuslims) chef wended hi sway home. On the way he saw a naked woman in her own home, in her own bed. He saw this through a window with no curtains – in her own homke.
      he took the fact she was naked -IN HER OWN HOME – as an invitation to break in and rape her.
      The judge absolved him of penalties and wished him good luck in his career.

      variations on this theme are quite frequent.
      Recently an exfootball identity, high on alcohol and drugs, bashed and injured his ex-girlfriend. Penalty? 200 hours community service.

      No, my friend, objectionable as the Muslim code and behaviour is to women, it is not at all unusual in Australian non Muslims, and for that matter, in American nonMuslims.

      • defcon 4

        What a tool. In places like Pakistain and Soddy Barbaria women FREQUENTLY don't report they've been raped? Why? Because a, they don't want to arrested for committing adultery and b, they don't want to be the victim of an honor killing. Let's not forget the Australian woman who was raped in Dubai, knew her attackers, reported the rape and was arrested for committing adultery.

        • Mary Sue

          They arrest women for reporting rape because they don't want their women to get uppity, thinking they're entitled not to be raped or something.

      • Mary Sue

        Yeah, occasionally stuff like that happens. But whereas the Liberal Media will jump down the throats of such judges(and others) who excuse such rape when it's non-Muslims, they will do no such thing when it's Muslims.

    • JRivero

      Afghans are technically Caucasians.

      It really takes very short time for some people to let their racism to come out.

      Rape is rape. This idiot must be send back to Afghanistan. And yes, the western countries must establish better filters for their immigrants.

      Lets not forget the masses of "white" males going to south east Asia to have sex with children.

      It is not their ethnicity. Don't blame it for everything.

      • julie brown

        The voice of reason has prevailed…thanks jrivero! Very good point!!!!

  • Edward Cline

    So, this dhimmi judge has more or less told all the Muslim savages: Yes, go ahead. Rape all the women you want. You're ignorant barbarians who don't know any better. You're forgiven. Welcome to Australia, which used to be a nice place to live in.

    • http://www.youtube.com/watch?v=nLNn2YflwNs Roger

      As long as they pretend they're so stupid that they can't understand how to read.

      What does reading have to do with rape again?

    • Uncle Rick

      "You're ignorant barbarians who don't know any better."

      Actually, this is essentially what the Koran says. The book states in so many words that men can't control their lusts. Think about that. It was no doubt generally accepted as true of tribal Arabs in the seventh century or it wouldn't have been in there; the fact that their holy book can't possibly contain anything false justifies the same barbarism today.

  • charlotte

    Time for some old fashioned women's justice. If the Govt appointed male guardians of this society can't protect women from these pigs, and If this kind of thing is happening and they get off scotfree because of "cultural differences" then I suggest women take matters into their own hands. I would.

    • Ron Munro of SA

      Get the bastard, you women, get a nice quiet place in the country and hand him his own nuts in a piggy bag.

    • Mary Sue

      too bad australia took away all the guns already :(

      • Shari

        I'm an American living in Australia, does that mean I have the right to carry a gun. I mean, it is my cultural upbringing, as I was raised in the south and we all own gun, and my constitutional right. I'm not an Aussie citizen yet so do I still follow my American laws? I don't drive on the right side of the road, because they don't here…I have to follow the rules & laws of this country I am living in, I don't get to chose which ones I want to follow and not expect consequences for not following some.

        • Jaygee53

          How stupid are you – you have the same rights as me – NONE. I was born in Australia and spent a great deal of time in the Australian Defence Forces. Just like you, I still have no rights. Our wonderful governments have made it almost impossible for law abiding citizens to own a firearm. Only the criminals do. Our wonderful legal system is screwing us big time.

    • Uncle Rick

      Go for it, sister! I taught my daughter that if someone gets too fresh with her and she can't get away, don't stop pounding him until he stops moving. Even then it's optional.

    • Mary Sue

      I suggest smearing one's cooch liberally with lard.

      • LOL

        You need to be specific dear. Lard can also be produced by cows. Tattoo on chest – "My fanny is full of pig fat"

  • gjm

    I thought that one of the conditions of entry into a country, irrespective of the circumstances of that entry, was an agreement to abide by the laws of that country.
    This man did not do that. The context of the text suggests he has repeatedly broken Australian law.
    There is no grey area here. No 'mitigating' circumstance. The perpetrator should be dealt with by whatever means are deemed appropriate, and the Judge should be struck off for allowing the further weakening of the strength of the law he is supposed to uphold.

    • objectivefactsmatter

      "I thought that one of the conditions of entry into a country, irrespective of the circumstances of that entry, was an agreement to abide by the laws of that country. "

      Rule of law? How cruel. You must be a right wing blood thirsty conservative.

    • Jill

      WE have a lot of Lefty judges. THey went for the law here too, as well as media, politics, religion and education.

    • Louise

      There is a loophole though… Everyone has to abide by the law… But there are some partial and complete defences to almost every offence that could be accepted. You could downgrade murder to manslaughter or even get away with it completely. Point is… The justice system isnt very set… And sadly it allows too many people to get away with these horrific crimes.

    • Rachel

      Well put, you're 100% right

    • doreen brett

      YES thats right gjm but they dont think they have to abide to them, and when they get away with stuff , well being how they are they dont think complainig about our flag flying on anzac day is wrong. allso we need not to have christian teachings in our schools they dont like it, thing is you have a choice you dont have to do religion classes so whats there problume. when is the aussie people going to stand up and kick these guys out, either abide by our laws or piss off. we need a stronge pm who will stand for us as well

  • http://www.adinakutnicki.com AdinaK

    This is, plain and simple, dhimmitude and westerners are terrified to stop Islamic thrusts – http://adinakutnicki.com/2012/10/05/u-s-movie-mak

    Law enforcement, including judges, are scared out of their wits, to impose western law and order, evidenced within – http://adinakutnicki.com/2012/09/09/shariah-law-e

    Aside from the head chopping and threats of overall mayhem, "Islamophobia" has assured this western disaster, step by step – http://adinakutnicki.com/2012/12/06/islamophobia-

    Cause and effect…1 + 1….

    Adina Kutnicki, Israel http://adinakutnicki.com/about/

  • tanstaafl

    In America, a woman can carry a side arm. It helps resolve many cultural "differences". Of course, that option is not available in Australia due to its "enlightened" government..

    • Gilly

      Yes but in Australia it is generally safe to let your children go to school in the knowledge that some righteous dude with a gun wont be killing them and their classmates.
      Also, it is my understanding that rape statistics show rape per capita to be much higher in the USA than Australia.

      • Mary Sue

        yeah and guess where the rapes are more frequent? In places like Chicago, where the guns are highly restricted or banned.

        Most Americans can be reasonably assured that their kids won't get shot up. Despite media sensationalism, it's REALLY not that common.

    • NOPE

      No. DONT LIE TO THE WORLD. First, you have to clarify WHICH America (North or South?) because South Americans dont like the US assuming they are "THE Americans." Second, you statement is only true in the hick states of the US. A woman can carry pepperspray. It doesnt matter where I live and no matter how "safe" people claim it to be. There are bad people everywhere.

    • walter

      Amen… At this rate, these tolerant idiots in the various western courts will bring back mob lynchings… People will not stand for this madness… Difficult to imagine something like this happening in the U.S. without consequence… This rapist would be wiped out either way (i.e. in jail if convicted and on the outside if set free)… There's more than one way to hand out justice….

  • Ron Munro_SA

    I would support a vigulanty group to go around and "Clean up the Mess" Australian Judges fail to act on. Where do I send My Donation to?????

  • Leah Johnson

    They need the gospel because that alone is what changes things, not ensuring they have moral ethics. It's a spiritual problem and that's something no one can change except the Holy Spirit of God.

    • Mat

      That's just stupid. Christianity caused the great crusades which was the slaughter of millions just because the church said to go forth and murder in the name of Jesus. You can't tell me that those responsible went to heaven.

      • Drakken

        Hey dumbazz, if it wasn't for the Crusades you idiot, we would still be stuck in the 7th century with the rest of the effing muslims.

      • Mary Sue

        Someone doesn't understand history! The Crusades were a response to Muslim Jihad Conquest!

    • Pamela

      are you kidding!? Religion is what makes them think they can do this! The Koran has many examples of "wisdom" where woman can be raped. They honestly think that their god permits them to do this. And to convert from islam to another religion is punishable by death in their eyes.

      • Uncle Rick

        "Religion is what makes them think they can do this!"

        Leah Johnson didn't say that they needed religion. Your reply and Mat's make no distinction among religions. Those who committed atrocities in the name of Jesus were wrong and are considered wrong by virtually all Christians (and Jews) today. OTOH, Islam does not and never has rejected barbaric behavior because their holy book condones it, and their book can't be wrong. You and Mat are both over-generalizing.

    • Uncle Rick

      Yes, Leah, but we must first disarm them, render them incapable of doing any additional harm and then get their undivided attention.

    • Nick the Atheist

      Sorry Leah, but all I see is your lack of intelligence. The Bible has passages that condone rape, the Bible is a horrible book. Your views are ridiculous.

    • aspacia

      Oh, pleeeezeee; they need a bazooka shot up their a$$

    • Worried

      Replacing one unsubstantiated belief with another is non-sense.
      You, and this man are free to believe whatever it is that you like, however you are not free to act however you like as it effects other humans freedoms and rights.
      We must base our society on what is substantively true, in this case that this person caused another person to suffer. We can all agree that isn't right and it doesn't take a God or divine wisdom or any other mysticism.
      Can't write more.. too upset right now.

    • Cat

      ummm Leah, theyre MUSLIM…and they dont read a christian bible…and there is no god, or this woman wouldnt have been raped…right?

    • Patriot Twin

      Leah ~ as a Christian, I agree. They DO need Jesus.

      But that does NOT mean they should be roaming the streets, in Australia or any other Western country, for that matter. Serial rapists–and Islam DOES condone serial rape–should not be permitted to have any access to the public.

      Prison ministries are a great thing, and so is deportation.

  • kaz

    whether or not he is aware of it, the judge that declared rape of infidels to be a right of muslims was doing the infidel population the highest service. the judge is giving hes fellow citizens a taste of sharia while it is still possible to prevent it. if all judges in australia would stop punishing any crimes committed by muslims, and only punish anyone who committed any offense, real or imagined, against islam, the the people of australia would get a good look at their future, and maybe, just maybe, they would evict all muslims from their country. to do so is to save their lives. do do less is to accept slavery and genocide. if australians do not evict muslims from their country, they might as well start enforcing sharia now, and start getting accustomed to it. either way, dont blame the judge. he is only giving you a glimpse of the future.

    • Mat

      Australia is Australia and Afganistan is Afganistan. If he wanted to live by Afganistan law then he should have stayed there. Nuff said

      • Mary Sue

        Yeah, except that the guy is worse than a missionary. He wants to spread Sharia around the world and Australia's just where he picked to enforce it with his jihad.

  • James

    The hundreds of outraged feminists outside the court were as usual absoluely deafening in their protests of the courts latest decision not to punish those of the Islamic faith latest violation against a member of the sisterhood, we couldnt hear ourselves talk over their girl power protests of no means no… oh thats right.. they were all actually sipping their lattes silently and hiding in fear behind their shaking magazines as usual.

    • Jill

      Did you organise any protests JamesOr is only the women's job to do this?? Not that I'm defending the lack of protests, but I find the men who sneer at feminists not defending their sisters seldom rise to the occasion themselves.

      • defcon 4

        Nice job at excusing the inaction of feminists.

      • JoJoJams

        Jill, the way you've been talking on this thread, you sort of seem like the type of woman who, if a man actually DID come to your rescue for whatever reason – you'd chew him out and scream that you are completely capable of taking care of yourself! If you have a significant other, I'm sure he/she tiptoes around your feminine sensibilities. Especially around that time of the month…. **hugs**. ;-)

        • horny

          jojojams…………what a baby boy………jealous of women who give birth….afraid of women….hmmmmm,….r u a cave boy? women do not need to be rescued….u've seen way too much Disney…

  • mah29001

    The Aussie judge needs to be impeached. Disgusting how the Left rationalize Islamic supremcists to rape women.

  • Rachel

    Will it play out the same way when women start killing their attackers! Will judges be as sympathetic!

    • Louise

      Australia will be sending its own innocent women into cells for defending themselves all because these outsiders claim to not know better! The women will claim self-defence or provocation, and will be denied because the rapist says he did not know!

  • James

    The Leftys of Australia condone rape of women if it is a muslim doing it, such wonderful open minded intelligent and most importantly, incredible understanding of cultural differences, are the wonderful people of the Left wing of Australian politics.
    And could they perhaps slightly change their thoughtful open minded views on Islam, when one of their teenage daughters gets gang raped one night by muslim men in the back of a car?

    • max

      shut up james, read a book.

  • aliko

    No Mr. Greenfield. It is you and whole western world who must pick one of the two choices:

    1. Liberalism is a mental disorder so no Liberal can take part in a public office
    2. Liberalism is a valid and sane so Liberals can and should be prosecuted for treason

    I'll take the 1st and send Liberals to get their mental health in order, before they cause themselves, their families or their countries further damage.

    I've yet to encounter a Liberal who doesn't carry a heavy load from a tormented childhood.

    • Kathryn

      Here in Amercia, Conservatives want to take up arms against the govnerment. they don't realize that's treason.
      talk about a mental illness

    • Darth Babaganoosh

      Define "Liberal", Nancy.

    • max

      what are you talking about? what even.

  • mel freeman

    Muslim culture is so askew to Western cultures and they CLASH dramatically and this alone is reason enough to not allow them to settle in Australia. girls… Muslims are incongruous to Australians in all ways. . When you get muslims in the midst of a western culture, nothing good becomes of it…. the Australian culture is changing because of muslims being amongst us and that is to HATE them for their vile savage putrid abuse of women. Worse than muslims is the lawyers that represent them, they are just as inept too. To allow a muslim to defend his right to rape Australian women is a derelict of duty by everything that Australia stands for… it is evil and disgusting.
    Our culture is changing in its views of muslims and that view is to defend ourselves because the law of Australia is too busy defending criminal muslims, so we need to be more assertive and take action for ourselves. No man, no one should ever get away with rape and if they do then the laws of the land (Australia) have let the people down and because of that the laws have forfeited the right to demand that people abide by the law… the people of Australia need a new law and that is "the right to stand and defend themselves against hostile cultures"

    • max

      stop talking.

  • Darian

    i think the Australian legal system should stand strong and enforce Australian law. if i went to some muslim countries and kissed your partner in public you could end up in jail. why on earth is people like this getting away with rape? what next? lets kill stone someone to death in Australia we know we can get away with it if we say we didn't know better. I tell you what, the stuff muslims are getting away our country is certainly making me become resentful and i will admit im becoming racist towards them. at present i have no respect for any muslim

    • Drakken

      Your not a racist, your a realist. If the law is an azz and it fails to protect you and yours, it is time for you and yours to make sure you deal with the problem with more expedient means.

    • max

      "at present i have no respect for any muslim"
      this isn't exactly a revolutionary point of view, nor is it controversial. all of the arguments you have made have been made before, and better (and they're still wrong.)
      pick yourself up a copy of the qu'ran, read the whole thing, go to a mosque and worship, become a part of the community. humans are just humans. rape is insanely common throughout the world, and all men are capable of it regardless of race or culture. seriously, read the literature, grow a brain!

  • shankypanks

    Muslim men have an entire reference book that dictates their relationship with women. It happens to conflict with Western standards of equality and respect. If these men do not understand how we live in the West then they must not be allowed into our countries. There are enough woman from their own ideology in any one of their 52 states for them to practice their domination on.

    • Rabbitnexus

      You are completely wrong. Your ignorance of the truth of Islam is shared by this judge it seems, which is why this rapist got away with his falsehoods. He and his lawyer relied on the well cultivated misapprehensions about Islam to pull off this scam on the courts.

      As a Muslim convert and married to a lovely woman of Muslim Pakistani heritage, I know you and all Islamophobes are so far wide of the truth when you start with your ranting about us. Women in Islam have it much better off in most respects than Western women today, and they pretty much always did have. Some cultures have adopted very strict interpretations of Islam to suit their existing cultures but there are many shgades of the things you deride. As far as the respect and security of women is concerned, Muslim women feel pity for Western women and as a Westerner who has been both sides, I do too.

      Nothing looks more ridiculous to women who are proud and joyful in the womanhood, who are safe and secure in their lives and who are cherished and valued by all the men in their lives; than women who live in a society where they are sex objects on display at every turn, where they are expected to do the same things as men and be subject to the same rules and expectations and yet who insist they are the lucky ones.

      • Harry

        ? ur logic is wrong…sex rocks…women are not whores or sex objects because they like sex….western women also have amazing husbands who love and respect them….perhaps if u did not watch porn so often you would not have such a lopsided view of the west…I presume u r a man….the use of religion to dominate women. under the guise of "protecting them" is a hoot…from what I understand most Muslim women have had their clitoris mutilated…this is sick….sick sick sick. anyone who uses religion to control another human is not acting out of love….Christian or Muslim…

      • frontlinesoldier

        Tell that to Malala who got shot in the head for trying to go to school. Save your line of bull for someone who will actually believe it. The only truth is that ALL women, Muslim and non-Muslim, are treated as second-class citizens and until we are literally willing to put our lives on the line (as in any revolution) nothing will change. I, personally, would die to advance the cause of women's rights… not many would say the same. To each his own, but it's going to take some drastic measures to turn this around for all women

  • Jill

    If he was illterate, how did he know to read road signs??

    • max

      beside the point, this whole article is flawed.

  • Michael Copeland

    Who got paid?

  • Mat

    I want this man's head on a stick. Where is he?

    • Simon

      He will be standing for the post of Prime Minister soon! Seriously what is wrong with the LAW!!!

  • Ronald Jones

    Ignorance of the law is NO defence. Try this arguement in an Islamic country and see where it gets you.

    • ninjaduck

      Beheaded.

  • Trace ace

    We must abide by their laws in their country or risk being shot. They should be expected to abide by ours or feel the full brunt of the law. We are now not safe in our own country and don't even have the law on our side.

  • Mum From Australia

    In Australia we are plagued with useless politicians on both sides, the worst Prime Minister in history. Some days we get 2-3 boatloads arriving after they've flown by plane to Indonesia and then hopped on an expensive boat. They throw their ID & passports into the ocean on the way, hoping to fool our inept Govt. from finding out their identities.

    THEN, they run around rioting, abusing, raping, molesting, commiting female genitalia mutiliation on their girl children, entering into about 1,000 illegal forced marriages p.a., joining outlaw bikie gangs, dealing drugs, doing drive-by shootings and the whole gambit of things that are completely foreign to our way of life.

    We, the honest people have no guns with which to defend ourselves, pepper spray & stun guns would see us convicted as criminals, and vigilantes would see themselves jailed. We are not allowed to speak out against them, we are constantly labelled as racist if we even suggest enough is enough.

    • Drakken

      Well my dear, it is time to import guns to protect yourselves, if they can smuggle drugs, you can get weapons.

    • Mary Sue

      is said useless PM the transgender one?

  • Mum of Australia

    Part II by Mum of Australia

    Our Govt. screwed around with Geert Wilders visa, and yet they let in droves of hate mongering Islamist holy men to address their own kind – there's an event coming up where they expect 20,000 of them at $50 a head – to listen to hate speech about the country who's taken them in.

    This country's heart & soul are dead, our war veterens turning in their graves, the people's spirit crushed and I KNOW that my kids, and theirs will be living under sharia law, there is no doubt about it, as will the rest of the civilised world when these neanderthals breed up to the point of take-over.

  • Ar'nun

    So the Cultist is excused because he wasn't familiar with being a civilized human being. But the victim, who was unfamiliar with the culture barbarism and animals that will hump anything it wants to, loses? Time for the closest male relative of the victim to bash his ignorant skull in and claim he wasn't familiar with the fact that Afghans had anything above the neck that could be damaged.

    • Drakken

      I prefer the shoot, shovel and shut up method myself. Say doesn't Australia have a large number of huge crocidiles? Put them to good use.

      • Mary Sue

        yeah, salties will eat em for breakfast!

    • Mary Sue

      ohyeah but calling a brown person "uncivilized" is racist [/sarcasm]

  • LibertarianToo

    Yeah, I've noticed this is a real pressing problem. And yet you Masculists do NOTHING!

  • Deerknocker

    This animal was not so confused about what he was doing that he did not take the precaution of finding a dark street on which to do his deed. I don't know which is worse: the dumb "Rape is wrong –who knew?" defense or the dufus judge that bought that defense and ruled for a rapist.

  • ninjaduck

    I'm pretty sure going to a foreign country, committing a crime and then claiming you didn't know what you were doing was wrong is total bs. If I go to Singapore, where spitting gum on the ground is illegal, and spit gum on the ground, I would get arrested or fined regardless of whether or not I knew it was wrong. "I didn't know it was wrong" is never an excuse.

    PLUS!! I am not personally Islamic, but treating women as objects and less than human is not actually a practice related to Islam, it completely contradicts what the Qur'an ACTUALLY says. Before the Taliban took over, women were to be VALUED and respected as important parts of the Islamic community. After the Taliban took over they were diminished to mere objects to be used and mistreated.

    Many of the Islamic practices have been corrupted by violent extremists for person gain and to spread acts of terror. This man that did this does not practice actual Islam, but rather corrupted filth.

    • Drakken

      Well muslim get your house in order in due haste, otherwise we are going to do it for you in spades, and we won't give a rats azz how peaceful you say you are, because at that point nobody of the infidel persuasion is going to care.

    • Mary Sue

      It's mainly the Hadith, which are usually taken as equivalent to the Quran, that say such things. Such as the testimony of a woman is practically worthless, and that women are mentally deficient.

    • Mary Sue

      Most muslims are ignorant of what their holy book actually teaches, as many of them memorize it by rote and don't comprehend it because they were never taught Arabic.

  • Drakken

    When the law fails to protect you and yours, you had better make it a priorty to do it yourself, Say doesn't Australia have huge numbers of crocs? I am sure they would be happy to help you accomidate the muslim savages in your midst.

  • Mary Sue

    it's ignored because the Feminists are in charge now and they want the men to feel "trapped" like they believe women have been feeling for the past x thousands/millions of years.

    • max

      stop talking and pick yourself up a copy of the scum manifesto. idk, i don't want to add fuel to the fire, but, as a male, i can agree with pretty much everything it says in it. it is not a case of "men will be men" and "women will be women" these are culturally nominated norms.
      whatever, stop being dumb.

  • Dabo

    Whatever happened to ignorance of the law is no excuse?

  • afghan

    afghan · less than 1 minute ago
    This comment has been deleted by the administrator.

  • Fasool

    In cases like this, when the system doesn't deliver justice, it is incumbent upon the men of Australia to see it through.

  • Nitdiver5

    There is something bigger happening here. This is part of the spiritual warfare being played out to weaken Western civilization, which used to be predominantly Christian. The world is being prepared for the antichrist. The new Pope chosen on 3/13/13 is most likely the false prophet (Rev 13:11, Rev 20:10). The AC will not be far behind. The "two-state solution" is the covenant in Daniel 9:27 that triggers the last 7 years. We are at the tail end of the last generation.

    • aspacia

      Get Real! Deal with practical methods of stopping this barbarity instead of attacking the Pope.

      A Deist.

  • Margi

    Please watch the movie the Middle Men by Paramount Studios. It is based on a true story. The founders of Internet billing branched out into making porn. They made $100 millions. 2 of the original parnters then branched out into making kiddie porn. Until they were arrested. The US FBI used one of the porn stars to further entrap Muslim terrorists who were watching her solo performances on the porn network. If the US and others pump out pornography – how can you not say that Muslims who are inexperienced with Western attitudes – don't think that this is possibly acceptable. Have you ever watched serious porn – I have. The footnote is that the Muslim terrorists who were watching were tracked, targeted and taken out in covert military operations. Thanks to men being men all over the world.

  • guest

    So…nobody's going to mention how Islam is a religion not a culture (it spans many cultures) and how everything this Sharifi guy did is totally against Islamic teachings?

  • JRA

    A small, but not insignificant, point which is worth noting is that the Justice Redlich simply allowed leave to appeal against the sentence which was imposed – that is not the same as Daniel Greenfield's headline would have you believe (although, admittedly, "Rapist to appeal against sentence" is a far less hysterical and reactionary headline – but is substantially more accurate).

    So, the problem with the headline 'Australian Judge Finds Muslim "Cultural Differences" Valid Excuse for Rape' is that it is simply not correct: even if the offender succeeds on his substantive appeal, he will still be guilty of rape.

    As a general comment, you people need to calm down.

  • SickofTheBullshit

    I know I'm gonna get flogged for this but I'll say it nevertheless. I completely agree with comments stating that this guy is fully responsible for what he did regardless of his culture. He MUST abide by the laws of the host country (which is what Islam commands Muslims to do by the way). And he should be punished for what he did. I also wanted to say how disgusted I feel when I see women drunk like skunks on the road!! Why can't they drink a couple of drinks and then STOP!! Being drunk to the point where they can't even stand makes them vulnerable to being raped, hit, murdered, kidnapped, etc …In a perfect world, everyone would just see a drunk woman and drive her home safely and tuck her nicely in bed. The truth is: That's never gonna happen. We need to get some old-fashioned morals back in our society and demand the justice system to deal effectively with rapists and pedophiles (death sentence)

  • CCWgirl

    And they are not allowed guns to protect themselves either. Gotta love "progress"

  • billy tyler

    kill all t6he fuggers

  • Nicole

    This article is misleading. Although I disagree with the appellate judge's ruling, it was merely a ruling that said that there is still an issue as to "consent" under Australian law and it was remanded to a lower court. Also, my understanding is that this guy has been convicted and will be serving a significant amount of time. Legal procedure is complex and I think it is irresponsible to publish this information without understanding what actually happened. I guess sensationalist reporting is more interesting though.

    • William

      Thank you.

  • Virginia

    This is disgusting!!!! Rape by all accounts is a violent crime. So if I decided that I don't have a concept of a Jew being a human, can I kill a Jew ?????

    I cannot believe this can happen in Australia!!!

  • James

    This man should be put to justice. Muslims men are not allowed to rape any women. Muslims are even not allowed to have sex with anyone except their husband/wife. These are clearly stated in the Quran. What's with all these labeling that Islam allows this and that when Islam clearly does'nt?!?!

  • William

    to be more subtil http://www.news.com.au/national-news/victoria/sex

    and no i'm not a muslim.